Harris v. A.D. Vallett & Co., LLC et al
| Tennessee Middle District Court | |
| Judge: | Todd J Campbell |
| Referred: | Juliet E Griffin |
| Case #: | 3:13-cv-00105 |
| Nature of Suit | 791 Labor - Employee Retirement Income Security Act |
| Cause | 29:1001 E.R.I.S.A.: Employee Retirement |
| Case Filed: | Feb 08, 2013 |
| Terminated: | Mar 27, 2014 |
| Last checked: Saturday Jan 10, 2015 11:25 PM CST |
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Defendant
A.D. Vallett & Co., LLC
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Defendant
Mephisto 410(k) Profit Sharing Plan
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Defendant
Project C.A.M.P. 401(k) Profit Sharing Plan and Trust
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Defendant
Southeastern Building Corporation 401(k) Profit Sharing Plan and Trust
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Represented By
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Defendant
Timothy E. McNutt, Sr. D.D.S. 401(k) Profit Sharing Plan and Trust
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Defendant
Aaron Donald Vallett
#21063-075 MCCREARY U.S. PENITENTIARY Inmate Mail/Parcels P.O. BOX 3000
PINE KNOT, KY 42635 |
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Defendant
Wiley Group, Inc. 401(k) Profit Sharing Plan and Trust
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Plaintiff
Seth D. Harris
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Henry E. Hildebrand, III
Terminated: 06/07/2013
P O Box 190664
Nashville, TN 37219 |
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GPO
Mar 10 2014
REPORT AND RECOMMENDATION re 21 MOTION for Summary Judgment. For the reasons set forth above, it is respectfully recommended that: 1. The plaintiff's motion for summary judgment (Docket Entry No. 21) be GRANTED; 2. The plaintiff be awarded $58,236.24 in lost earnings and pre-judgment interest; 3. Post-judgment interest be calculated in accord with 28 U.S.C. � 1961 from the date of entry of judgment in this case; and 4. The defendant be permanently enjoined as follows: a. Defendant Aaron Donald Vallett be permanently enjoined from serving as a fiduciary and from engaging in any violation of ERISA in the future; and b. Defendant Aaron Donald Vallet be permanently enjoined from providing any services, whether as a fiduciary or otherwise, directly or indirectly to any ERISA-covered plan. Signed by Magistrate Judge Juliet E. Griffin on 3/10/2014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) |
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GPO
Mar 11 2014
ORDER: By Report and Recommendation entered March 10, 2014 (Docket Entry No. 39), the Court recommended that the plaintiff's motion for summary judgment (Docket Entry No. 21) be granted. Rule 72(b)(2) of the Federal Rules of Civil Procedure and 28 U.S.C. � 636(b)(1) provide that any objections to a Report and Recommendation must be filed with the Clerk of Court within fourteen (14) days of being served with the Report and Recommendation, and must state with particularity the specific portions of the Report & Recommendation to which objection is made. Failure to file written objections within the specified time can be deemed a waiver of the right to appeal the District Court's order. See Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981). It is so ORDERED. Signed by Magistrate Judge Juliet E. Griffin on 3/11/2014. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) |
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GPO
Mar 27 2014
ORDER: Pending before the Court is a Report and Recommendation of the Magistrate Judge (Docket No. 39), to which no Objections have been filed. The Court has reviewed the Report and Recommendation and the file. The Report and Recommendation is adopted and approved. Accordingly, (1) the Plaintiff's Motion for Summary Judgment (Docket No. 21) is GRANTED; (2) the Plaintiff is awarded $58,236.24 in lost earnings and pre-judgment interest; (3) Post-judgment interest is awarded and shall be calculated in accord with 28 U.S.C. � 1961 from the date of entry of judgment in this case; and (4) the Defendant Aaron Donald Vallett is permanently enjoined as follows: (a) Defendant Aaron Donald Vallett is permanently enjoined from serving as a fiduciary and from engaging in any violation of ERISA in the future; and (b) Defendant Aaron Donald Vallett is permanently enjoined from providing any services, whether as a fiduciary or otherwise, directly or indirectly to any ERISA-covered plan. This Order shall constitute the judgment in this case pursuant to Fed. R. Civ. P. 58. IT IS SO ORDERED. Signed by District Judge Todd J. Campbell on 3/27/2014. (xc:Pro se party by regular and certified mail.)(hb) |